Covenant Regarding Real Property 2007-0264336
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~~ CITY OF POWAY! APR 180;~I~'~:RECOFI:~22 PM
1 WHEN RECORDED MAIL TO') '",".11 ['ltoI30 C!JUllr, F;El:I-IFll'ER'S OFFICE
\v ) .(;R[I~OR" .1 ',MITH CDUrH'I'RECOF;[IER
\ I '\ CITY CLERK ),.FEE:, 18 Oil
CITY OF POWAY) f~bb. 11
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APN 323-203-23
COVENANT REGARDING REAL PROPERTY
BSM Properties, LLC, a California Limited Liability Corporation, PROPERTY OWNER
("OWNER" hereinafter) is the owner of real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly known as Assessor's
Parcel Number 323-203-23 ("PROPERTY" hereinafter) In consideration of the
approval of Modification to Minor Conditional Use Permit 05-04 (MCUP 05-04M),
Revision to Development Review 05-09 (DR 05-09R), and Variance 07-03 (VAR 07-03),
by the City of Poway ("CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached resolution (Exhibit B)
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
representatives, transferees and assigns of the respective parties
Iii the event that MCUP 05-04M, DR 05-09R, and VAR 07-03 expire or are
rescinded by City Council at the request of the OWNER, CITY shall expunge this
Covenant from the record title of the PROPERTY
In the event of litigation to enforce the provisions of this Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party
OWNER,
Dated' ~//-:~7 By' /2~ '
M k D b lk (Notarize)
ar on A e op
CITY OF POWAY
Dated: 3 . 27, 07 By'
Niall Fritz, Director 0 evelopment Services
01-03=>)
.' ~307
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~~..cc~~~~~
State of California } ss
County of <)c; n '\>\'~'"oCl
On J ,-1:b_A~!-~, before me,
Date
-
personally appeared
Name(s)ofSigner(s)
^'---- ------- ----- --
o personally known to me
~roved to me on the basis of =tOry evidence
o be the perso~whose nam, ' re subscribed
~he within instrument and aCknOWledg~ me that
&, K, BROWNeLL OJ she/they executed the same in his her/their
COMM,#1523898 0 authorized capacityltes).,-and that by 'slher/their
NOTA.RV PUBUC.cAUFQRNlA :J> signatur~ on the instrument the perso~, or the
SAN DIEGO COUNTY .....
My Comm .,.... """"'... 1 2008 I entity upon behalf of which the person(s) acted,
~ ~,~ ~ - -
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above S'~ yJoIiiLv>1e4
Signatureo! Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable t~ persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~~~ p""r""i'J.
Title or Type of Document: (0 tic> '^ c,,,,\- fO'dW\01<"J
Document Date: I ;f.-I-, /}pn; J rl<>'V1 Number of Pages: OW
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual' o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact Top of thumb here o Attorney in Fact Top of thumb here
o Trustee . o Trustee
o Guardian or Conservator o Guardian or Conservator
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o Other' '1S;t o Other'
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Signer Is Representing: Signer Is Representing:
~~~~~~~~~"'Q(;..-g,,~~~~~~~~"g;,~'9V"'g(,...~~~
C 2004 National Notary Associatioo .9350 De SotoAve., P.O. Box 2402. Chatsworth. CA 91313-2402 Item No. 5907 Reorder: Call TolI.Free 1-800-876.6827
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14308
EXHIBIT A
LEGAL DESCRIPTION
THE SOUTHERLY 250 FEET OF THE EAST 50 RODS OF LOT 2 IN SECTION 18,
TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, EXCEPTING THE EASTERLY 330
FEET THEREOF
RESERVING THEREFROM AN EASEMENT AND RIGHT OF WAY FOR ROAD AND
PUBLIC UTILITY PURPOSES OVER AND ACROSS THE EASTERLY 40 FEET OF
SAID LAND
',' . .
14309
RESOLUTION NO P-07-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MODIFICATION TO
MINOR CONDITIONAL USE PERMIT 05-04 (MCUP 05-04M),
REVISION TO DEVELOPMENT REVIEW 05"09 (DR 05-09R),
AND VARIANCE (VAR) 07-03
APN: 323-203-23
WHEREAS, on April 4,2006, the City Council approved by Resolution P-06"17 for
Minor Conditional Use Permit ,(MCUP 05-04), Development Review (DR 05-09), and
Variance (VAR 05"15) to construct a 23,450-square-fbot auto dealership with a 10-bay
- service center <It 13910 Poway Road, within the AutomotivefGeneral Commercial (AfGC)
zone ofthe Poway RO,ad Specific Plan area, and to allow the parking lot to observe a 1'5-
foot front yard setback, where a 20-foot front yard setback is required, and to allow the
building to observe a O-foot setback along the rear (north) property line, where a 25-foot
setback is required; and
WHEREAS, a request for a modification to MCUP 05-04 (MCUP 05-04M), a
revision to DR 05-09 (DR05c09R), and Variance 07-03 (VAR 07-03) were submitted by
Mark Abelkop, of Poway Auto Group; and
WHEREAS, the modification and Variance is to allow the addition of a 575-square-
foot auto-detailing structure to the 23,450-square-foot automobile dealership and service
center currently under construCtion, and to allow the covered detail structure to maintain a
O-foot setback along the rear property line where a 25-foot setback is required; and
WHEREAS, on April 3, 2007, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application on the
above-referenced item,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as~cillows:
Section 1, MCUP05-04M and DR 05-09R are Categorically Exempt from the California
Environmental Quality Act (CEQA), as Class l' Categorical Exemption, pursuant to
Section 15301 of the CEQA Guidelines, in that the project involves a minor addition to a
commercial building, Variance 07-03 is Categorically, Exempt from CEQA, as a Class 5
Categorical Exemption, pursuant to Section 15305 of the CEQA Guidelines, in that the
project involves an alteration,in land use limitation,
Section 2: The findings, in accordance with Section 17.48070 of the Poway Municipal
Code, for MCUP 05-04M, to add a 575-squanHoot auto-detailing structure to
EXHIBIT BB
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14310 Resolution No P-07-14
Page 2
the automobile dealership under construction on the property located at 13910 Poway
Road, are as follows:
A, The proposed auto detail structure is consistent with the title and purpose of
Section 17.48 070 ofthe Poway Municipal Code; the purpose of the zone in which
the site is located, the City General Plan, and the development policies and
standards of the City in that auto service related uses are permitted in the AlGC
zone with the approval of an MCUP
B The location, size, design, and operating characteristics of the auto detail structure
will be compatible with and will not adversely affect or be materially detrimental to
adjacent uses because the detail structure will be walled on three sides and have a
roof, with the opening'to"the auto detail structure facing Poway Road, In addition,
an eight-foot-high perimeter wall will buffer the',use and allow it to be compatible
with, and not adversely affect or be materially detrimental to, adjacent uses,
residents, buildings, and structures,
C The harmony in scale, bulk, coverage, and density of the proposed auto detail
structure will be consistent with 'adjacent uses because the structure has been
designed to be compatible with the auto sales and repair facility under construction,
The 12~foot-high auto detail structure will provide a visual transition to the 24-foot-
high main structure when viewed from adja'cent properties,
0 The proposed auto detail structure will not affect existing public facilities, services
or utilities at the site,
E, The proposed auto detail structure will not have a harmful effect upon desirable
neighborhood characteris~cs because walls will provide a noise buffer and
restrictions on activities within the detail structure have been designed into the
project.
F~ The 'proposed auto detail structure will not affect the capacity and physical
character of surrounding ::;treets and the project is consi~tent with the circulation
element of the General Plan in that the auto,detail structurewill.notdraw additional
customers to the site, The facility will be used to detail cars that are for sale or that
were serviced at the site,
G The site is suitable for the type and intensity of the use in that the site is already
being developed with an auto service use, which is encouraged in the AlGC zone
H, There will not be significant harmful effects upon environmental quality and natural
resources ih that the entire site has been previously graded and contains no native
vegetation,
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14311
Resolution No, P-07-14
Page 3
I There are no other relevant negative impacts of the development that cannot be
mitigated
J, The proposed auto detail structure will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity, nor be contrary to the adopted General Plan,
K. The proposed auto detail structure will comply with each of the applicable
provisions of Title 17 of the Poway Municipal Code except for the required rear yard
setback for which a variance is granted based on findings outlined in Section 3 of
this Resolution,
Section 3: The findings, in accordance with Section 17,50,050 of the Poway Municipal
Code, to approve Variance 07-03, to allow the covered auto detail structure addition to
maintain a O-foot setback along the rear property line where a 25-foot setback is required,
as shown on the site plan dated January 29, 2007, are made as follows:
A, That there are special circumstances applicable to the property and because
of this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification, The special circumstances include the fact that lot depth of the
subject property is less than most other full service dealerships in the area, The lot
shape is also unusual for a commercial development in that the width is over twice
the lot depth,
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other dealership owners in the same vicinity
and not afforded to the property for which the Variance is sought because a
majority of dealerships have areas designated for auto detail in the vicinity of the
service area.
C Granting .the Variance would not be l1laterially detrimental to the public health,
safety, or welfare il'l the vicinity in"that the elevation of the detail structure would be
consistent with the main dealership/service building and would incorporate colors
that are consistent with the color palette of the surrounding residential
development.
D, That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in that
a 25-foot-wide driveway will be provided on the property to the north of the project
site providing a separation between the proposed building and any development on
the property immediately to the north,
E, Granting the Variance would not allow a use or activity not otherwise expressly
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1431'2 Resolution No, P_07c 14
Page 4
authoiized by the A/GO' zone because auto detailing is an important component to
operating an automotiveidealership with a serVice center, which is allowed with the
approval of an MCUP
F, That the proposed Variance will be compatible with the City's General Plan
because auto-related ,uses are encouraged in the NGC land use designation and
will not result in a density increase
Section 4' The findings, in .accordance with Section 17,52 of the Poway Municipal
Code, for DR 05-09R are made as follows:
A. The project is consistent with the Poway General Plan and has been d,esigned to
comply with commercial development standard~, .except for the rear yim:i setback
forwhich a Variance is being sought.
B The project will nothcive an adverse health, safety, or aesthetic impact upon
adjoining properties in that the project's infrastructure improvements, grading, and
buildings-are in compliance with all City development standards, except for the rear
yard setback for which:a Variance is being sought.
C, That the' project is incompliance with the Zoning and Grading Ordinances in that
the project complieswith,all City development standards, with the exception of the
rear setback for which: a Variance approval can be supported,
D, That the developmeht encourages the ordertyand harmonious appearance of
structures and property within the City as the proposed structure is consistent with
the, auto dealership/sewice center building currently under construction,
Section 5, The City Council hElreby approves MCUP 05-04M, DR 05-09R, and
VAR 07-03; a request to add a 575-squate-foot auto detailing structure to the 23,450-
square-foot.automobile dealership and service center currently under construction, and to
allow the covered detail structure to maintain a O-foot setback along the rear property line
WDElre a 2q~footjset,b<:lc.~ is reqqire_d,subjecHo,thefollowing cohditions:
A. Approval of this Minor Conditional Use;Permit, Development Review, and Variance
shall apply only to the subject project and shall not waive compliance with all other
Sections ofthe Zoning'Orciil1ar1ce and all othElf applicable City Ordinances in effect
atthe time of BuildingPelniit issuance,
B. Within 30 days of the date of this approval: (,1), the applicant shall submit in writing
that all conditions of approval have been read 'and understood; and, (2) the
property, owners shall execute a Covenant Regarding Real Property
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14313 Resolution No P-07-14
Page 5
C The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
commercial and residential.uses,
D The terms and conditions of Minor Conditional Use Permit 05-04M, Development
Review 05-09R, and Variance 07-03 shall be binding upon the permitte'e and all
persons, firms and corporations having an interest in the property subject to these
permits; and the heirs, executors, administrators, successors, and assigns of each
of them, including municipal corporations, public agencies and districts,
E, Minor Conditional Use Permit 05-04M shall be subject to annual review, as
determined by the Director of Development Services, for compliance with the
conditions of approval and to address concerns that may'have occurred during the
past year.
F, Any changes increasing the intensity of use of the operation beyond what is being
approved shall be considered as a major revision to the Minor Conditional Use
Permit and shall require City Council approval of the request.
G ,All Conditions of Approval contained in Resolution P-04-46 shall apply, except as
amended by this Resolution,
H, Prior to the issuance of a Building Permit, the applicant shall comply with the
following,
1 The site shall be developed in accordance with the approved site plans on
file in the Development Services Department and the conditions contained
herein, The applicant shall comply with the latest adopted Uniform Building
Code, National Electric Code, and all other applicable codes and ordinances
in effect at the time of Electrical/Building Permit issuance,
2. The site plan shall show and note all required parking,
3 Exterior building materials and finishes shali'reflect the approved elevations
on file with the City and the conditions' of approval, and shall be noted on the
building plans to the satisfaction of the Director of Development Service,
4, The building plans shall include elevations and cross sections that show all
new roof-mounted appurtenances, including, but not limited to, air
conditioning and vents, screened from view and sound buffered from
adjacent properties and streets, to the satisfaction of the Director of
Development Services,
5, The plans shall include a central vacuum, system to be installed within a
noise attenuating enclosure within the main building,
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14314 ResoJlJtion No P-07~14
Page 6
I Prior to occupancy, the applicant shall comply with the following:
1 The site sha(/ be developed in accofdanfewith the,approved plans.on file in
the Developm(;lnt Services Department and the conditions contained herein,
A final inspection from the appropnate City Departments will be required,
(Safety Services)
2, The fire sprinkler system shall be exte,nded to the auto detail structure, Plans
are to be submitted to the Fire Department and approved pnor to installation
to the satisfaction of the Fire Marshal.
(Engineering)
3, All washing ,or d13tailing of vehicles shall take place in' a ~pecified area
designed to pr~verit discharge of pollutants 6ff-site or into the storm drain
system, Best Management Practices shall be installed and maintained in
accordance with Section 4,3 of the City of Po way Jurisdictional Urban Runoff
Management Program, and are subject to approval and inspection by the
City
(Planning)
4 All landscaping shall be planted pursuant to the City of Poway Guide to
Landscape Requirements and the approved 'landscape plans,
5_ All parking spaces required for employee, .customer, and service shall be
marked as such in the pavement.
J, Upon occupancy the applicant shall comply with the following conditions:
1_ The hours of operation must be conducted within the following time limits:
a, Monday - Friday' Sales 8'30 a,m, to 10:00 p,m,
Vehif,le_ Delivery 7,30a,m, to 6:00 p,h1,
SerVice/Pa-rts arid
Detailing 7'00 a,m, to 7:00 p,m,
b, Saturday: Sales 9:00 a,m, to 8:00 p,m,
Vehicle Delivery 7,30 a,m, to 6:00 p,m_
Service/Parts and
Detailing: 8:00a,m, to 5:00 p,m,
c, Sunday' Sales 10'00 a,m, to 7:00 p:m,
No vehicle delivery is permitted,
The service/parts and detailing area will be
closed,
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14315 Resolution No, P-07-14
Page 7
2, The auto detail structure shall be used to manually wash and dry cars that
have been serviced in the facility orwould be di$played as inventory for sale,
Vacuuming of cars shall utilize a "cen!ral" vacuum sysiem, with the vacuum
pump located inside the compressor room of the service building, A hand
buffer may be used to buff cars, No repair-related activities or paintingo( any
vehicle, truck, or motorcycle is permitted,within the auto detail structure,
3, Employees or any other person shall not use the auto detail structure after
normal business hours to wash or otherWise work on any vehicle, truck, or
motorcycle,
4 If cars are to b,e washed, the washing l1Just be; done within .theauto detail
structure or service-sbays and the drainage waters directed ih to the sewer
system,
Section 6: The approvaLof'MCUP 05-04M, DR 05-09R, and VAR 07-03 shall expire on
April 3; 2.009, at 5'00 p,m" unless, prior to that time; a Building Permit has been issued
and c6nstrui;tion has commenced on the property in reliance on the MCUP approval prior
to its expiration,
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 3rd day of April 2007
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ATTEST.
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t. Di ne Shea, City Clerk
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Resolution No P-07-14
Page 8
STATE OF CALIFORNIA ) 14316
)SS,
COUNTY OF SAN DIEGO )
I, L Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of
perjury; that the foregoing Resolution No P-07-14 was duly adopted by the City Council at
a meeting of said City Council held on the 3rd day of April 2007, and that it was so
adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED' NONE
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City of Poway